Presently the take-over fees must be paid by applicants up-front when requesting the CPVO to take over a report from an entrusted examination office. This will now change and payment for the take-over fees should be made when the CPVO receives the final report from the examination office concerned, be it positive or negative.
By decision of the President of the CPVO from 8 February 2021, where the CPVO makes use of a report on the result of a technical examination of a variety carried out previously for official purposes in a EU Member State by an entrusted examination office, the invoicing of the take-over fees to applicants will be triggered by the CPVO’s receipt of the final report from the national authority.
The decision will be implemented as of 1 March 2021 and concern all take-over reports requested from CPVO’s examination offices on or after that date. Until then, the present rule still applies and the take-over fee is due to be paid up-front.
The decision has been taken in the context of the COVID crisis as a measure supported by the breeder’s organisations giving applicants a further delay before the obligation to pay, and thereby alleviating pressures on their cash flow.
Notwithstanding the change as regards the date of invoicing of the take-over fee, its payment remains a condition for the grant of a CPVR and delays in payment will inevitably delay the granting process and ultimately a refusal of the application in case of non-payment.